Fisheries Administrative Order No.

108, Series of 1973

BFAR has power to issue permit and regulate seaweed farming

PD 43 (Fishery Industry Development Decree of 1972)

-->PROVIDING FOR THE ACCELERATED DEVELOPMENT OF THE FISHERY INDUSTRY OF THE PHILIPPINES

-->RA 8850 only a general repeal clause: other existing laws except Republic Act No. 7611, decrees,
executive orders, and rules and regulations or parts thereof, which are inconsistent with this Code, are
hereby repealed or modified accordingly.

-->In RA 10654 (ammendatory law of RA 8850), there is also no special repeal clause: Repealing Clause. –
All laws, decrees, executive orders and rules and regulations or parts thereof which are inconsistent with
this Act are hereby repealed or modified accordingly.

NOTE: The provisions in RA 8850 (as amended by RA 10654) has allotted to the LGU the power of
regulating fishery and related activities; hence, PD 43, on which Fisheries AO No. 108 (Series of 1973) is
based, is inconsistent with the provisions of RA 8850 and RA 10654. Hence, Fisheries AO No. 108 (Series
of 1973) is deemed repealed or superseded by RA 8850 (as amended by RA 10654).

=====================================================================================

RA 8850, Philippine Fisheries Code of 1998

-->AN ACT PROVIDING FOR THE DEVELOPMENT, MANAGEMENT AND CONSERVATION OF THE
FISHERIES AND AQUATIC RESOURCES, INTEGRATING ALL LAWS PERTINENT THERETO, AND FOR OTHER
PURPOSES

JURISDICTION OF LGU

Section 16. Jurisdiction of Municipal/City Government. - The municipal/city government shall have
jurisdiction over municipal waters as defined in this Code. The municipal/city government, in
consultation with the FARMC shall be responsible for the management, conservation, development,
protection, utilization, and disposition of all fish and fishery/aquatic resources within their respective
municipal waters.

The municipal/city government may, in consultation with the FARMC, enact appropriate ordinances for
this purpose and in accordance with the National Fisheries Policy. The ordinances enacted by the
municipality and component city shall be reviewed pursuant to Republic Act No. 7160 by the sanggunian
of the province which has jurisdiction over the same.

The LGUs shall also enforce all fishery laws, rules and regulations as well as valid fishery ordinances
enacted by the municipal/city council.
Section 17. Grant of Fishing Privileges in Municipal Waters. - The duly registered fisherfolk
organizations/cooperatives shall have preference in the grant of fishery rights by the Municipal/City
Council pursuant to Section 149 of the Local Government Code: Provided, That in areas where there are
special agencies or offices vested with jurisdiction over municipal waters by virtue of special laws
creating these agencies such as, but not limited to, the Laguna Lake Development Authority and the
Palawan Council for Sustainable Development, said offices and agencies shall continue to grant permits
for proper management and implementation of the aforementioned structures.

RA 7160: Section 149. Fishery Rentals, Fees and Charges. - Provided, however, That the sanggunian
concerned shall, by appropriate ordinance, penalize the use of explosives, noxious or poisonous
substances, electricity, muro-ami, and other deleterious methods of fishing and prescribe a criminal
penalty therefor in accordance with the provisions of this Code: Provided, finally, That the sanggunian
concerned shall have the authority to prosecute any violation of the provisions of applicable fishery
laws.

IN RE FARMC

Section 73. The Municipal/City Fisheries and Aquatic Resources Management Councils (M/CFARMCs). -
The M/CFARMCs shall be created in each of the municipalities and cities abutting municipal waters.
However, the LGU may create the Barangay Fisheries and Aquatic Resources Management Councils
(BFARMCs) and the Lakewide Fisheries and Aquatic Resources Management Councils (LFARMCs)
whenever necessary. Such BFARMCs and LFARMCs shall serve in an advisory capacity to the LGUs.

-->Section 75. Composition of the M/CFARMC . - The regular member of the M/CFARMCs shall be
composed of: (a) Municipal/City Planning Development Officer; (b) Chairperson, Agriculture/Fishery
Committee of the Sangguniang Bayan/Panlungsod

==================================================

RA 10654

Section 4. Definition of Terms

Fish and Fishery/Aquatic Products - include not only finfish but also mollusks, crustaceans,
echinoderms, marine mammals, and all other species of aquatic flora and fauna and all other products
of aquatic living resources in any form.

Fishery Species - all aquatic flora and fauna including, but not restricted to, fish, algae, coelenterates,
mollusks, crustaceans, echinoderms and cetaceans.

Aquatic Resources - includes fish, all other aquatic flora and fauna and other living resources of the
aquatic environment, including, but not limited to, salt and corals.

CHAPTER II: Utilization, Management, Development, Conservation and Allocation System of Fisheries
and Aquatic Resources
Section 6. Fees and Other Fishery Charges. - The rentals for fishpond areas covered by the Fishpond
Lease Agreement (FLA) and license fees for Commercial Fishing Boat Licenses (CFBL) shall be set at levels
that reflect resource rent accruing from the utilization of resources and shall be determined by the
Department: Provided, That the Department shall also prescribe fees and other fishery charges and
issue the corresponding license or permit for fishing gear, fishing accessories and other fishery
activities beyond the municipal waters: Provided, further, That the license fees of fishery activity in
municipal waters shall be determined by the Local Government Units (LGUs) in consultation with the
FARMCs. The FARMCs may also recommend the appropriate license fees that will be imposed.

-->Licensing of fishery activity in municipal waters shall be determined by the Local Government Units
(LGUs) in consultation with the FARMC (FARMCs - the Fisheries and Aquatic Resources Management
Councils.)

-->Department - shall mean the Department of Agriculture.

SEC. 7. Access to Fishery Resources. – The Department shall issue such number of licenses and permits
for the conduct of fishery activities subject to harvest control rules and reference points as determined
by scientific studies or best available evidence. Preference shall be given to resource users in the local
communities adjacent or nearest to the municipal waters.

Section 51. License to Operate Fish Pens, Fish Cages, Fish Traps and Other Structures for the Culture of
Fish and Other Fishery Products. - Fish pens, fish cages, fish traps and other structures for the culture
of fish and other fishery products shall be constructed and shall operate only within established zones
duly designated by LGUs in consultation with the FARMCs concerned consistent with national fisheries
policies after the corresponding licenses thereof have been secured. The area to be utilized for this
purpose for individual person shall be determined by the LGUs in consultation with the concerned
FARMC: Provided, however, That not over ten percent (10%) of the suitable water surface area of all
lakes and rivers shall be allotted for aquaculture purposes like fish pens, fish cages and fish traps; and
the stocking density and feeding requirement which shall be controlled and determined by its carrying
capacity: Provided, further, That fish pens and fish cages located outside municipal waters shall be
constructed and operated only within fish pen and fish cage belts designated by the Department and
after corresponding licenses therefor have been secured and the fees thereof paid.

FUNCTIONS OF BFAR

Section 65. Functions of the Bureau of Fisheries and Aquatic Resources. - As a line bureau, the BFAR
shall have the following functions:

(b) issue licenses for the operation of commercial fishing vessels;

(n) enforce all laws, formulate and enforce all rules and regulations governing the conservation and
management of fishery resources, except in municipal waters, and to settle conflicts of resource use
and allocation in consultation with the NFARMC, LGUs and local FARMCs;
(s) perform such other related functions which shall promote the development, conservation,
management, protection and utilization of fisheries and aquatic resources.

PENALTIES (Under RA 10654)

Section 86. Unauthorized Fishing. – (a) It shall be unlawful for any person to capture or gather or to
cause the capture or gathering of fish, fry or fingerlings of any fishery species or fishery products
without license or permit from the Department or LGU.

Section 87. Engaging in Unauthorized Fisheries Activities. – It shall be unlawful for any person to
exploit, occupy, produce, breed or culture fish, fry or fingerlings of any fishery species or fishery
products or construct and operate fish corrals, fish traps, fish pens and fish cages or fishponds without a
license, lease or permit.

The discovery of any person engaging in any of the above activities without a lease, license or permit
shall constitute & prima facie presumption that the person is engaged in unauthorized fisheries
activity.

Upon a summary finding of administrative liability, the offender shall be penalized with an
administrative fine of Five hundred thousand pesos (P500,000.00) to One million pesos (P1,000,000.00),
the dismantling or removal of the structure at the expense of the offender, the rehabilitation of the area
affected by the activity and confiscation of stocks.

Upon conviction by a court of law, the offender shall suffer the penalty of imprisonment of six (6)
months, a fine equivalent to twice the amount of the administrative fine, the dismantling or removal of
the structure at the expense of the offender, the rehabilitation of the area affected by the activity and
confiscation of stocks.

 Sec. 4. 38. Fishery Species - all aquatic flora and fauna including, but not restricted to, fish, algae,
coelenterates, mollusks, crustaceans, echinoderms and cetaceans.
RA 10654

-->Adopted the Precautionary principle

Sec. 1.

(f) To adopt the precautionary principle and manage fishery and aquatic resources, in a manner
consistent with the concept of an ecosystem-based approach to fisheries management and integrated
coastal area management in specific natural fishery management areas, appropriately supported by
research, technical services and guidance provided by the State;

Relevant PROVISIONS OF RA 7160

Section 149. Fishery Rentals, Fees and Charges. -

(a) Municipalities shall have the exclusive authority to grant fishery privileges in the municipal waters
and impose rentals, fees or charges therefor in accordance with the provisions of this Section.

Sec. 131, RA 7160: Business" means trade or commercial activity regularly engaged in as a means of
livelihood or with a view to profit;

Section 147. Fees and Charges. - The municipality may impose and collect such reasonable fees and
charges on business and occupation and, except as reserved to the province in Section 139 of this Code,
on the practice of any profession or calling, commensurate with the cost of regulation, inspection and
licensing before any person may engage in such business or occupation, or practice such profession or
calling.

Section 149. Fishery Rentals, Fees and Charges. -

(a) Municipalities shall have the exclusive authority to grant fishery privileges in the municipal waters
and impose rentals, fees or charges therefor in accordance with the provisions of this Section.

-->refers to purely fishery activities (related to fishing)